HINDUSTAN COCA COLA BEVERAGES PVT LTD Vs. RADHA

JUDGEMENT

(1.) THIS appeal has been preferred by bottlers M/s. Hindustan Coca Cola Beverages Pvt. Ltd. , against order dated 29.12.2000, passed by District Forum -IV, Nand Nagari, Delhi whereby it was held jointly and severally responsible for deficiency in service in its capacity as the bottler of the drink named Coca Cola inasmuch as that spurious or drink with bad odour was supplied to the respondent through its distributor. Before the learned District Forum, the appellant was proceeded ex parte and now has chosen to file the appeal against the impugned order which has directly effected it. Respondent/complainant, is small time vendor engaged in the sale of tea, coffee in the campus of Bunkar Vihar Complex.

(2.) PUT briefly facts are that the respondent/complainant purchased one carat of cold drink from M/s. Salman Cold Drinks, respondent No.1 on 28.5.1999 for the value of Rs.192/ - vide receipt No.655. One of the customers who purchased the drink from the complainant/respondent complained about its being spurious/adulterated and having bad odour and taste. The complainant/respondent took up the matter with M/s. Salman Cold Drinks but they could not offer any explanation and refused to compensate her for the loss of her livelihood as in future no person would purchase the drink from her.

(3.) IT is pleaded by the appellant that M/s. Salman Cold Drinks normally deals in Pepsi drinks and, therefore, in the absence of evidence that Salam Drinks had purchased Coca Cola from the appellant as distributor, complainant/respondent is not entitled for any compensation from the appellant. By taking such a plea, the appellant has landed itself on a sticky wicket as in that case the appellant will be indirectly disowning the bottling of coca cola drink. The fact that bottles were carrying Coca Cola brand and there was no action taken by the appellant in the past against the spurious bottlers cannot abjure the appellant from the responsibility of being the bottler of the brand. Mere assurances and putting notices in the newspapers is not sufficient until and unless some curative actions are taken against the spurious bottlers/fake bottlers.